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Rule 1001-1

SHORT TITLE; APPLICABILITY

(a) Short Title. These rules shall be known and cited as the "Local Bankruptcy Rules."

(b) Applicability.

(1) The Local Bankruptcy Rules shall apply to all cases in this district governed by the Bankruptcy Code.

(2) Rules 1 through 35 and 63 through 82 of the Former Local Bankruptcy Rules shall apply to all cases in this district governed by the Bankruptcy Act.

Comment

This rule is derived from Former Local Bankruptcy Rule 1. Pursuant to Bankruptcy Rule 9029, "[e]ach district court may make and amend rules governing practice and procedure which are not inconsistent with" the Bankruptcy Rules and "[i]n all cases not provided for by rule, the court may regulate its practice in any manner not inconsistent with" the Bankruptcy Rules. The Judges of this district have been authorized to make and amend rules of practice and procedure pursuant to an order of the District Court (Griesa, C.J.), dated December 1, 1994.

Pursuant to the Memorandum of the Administrative Office of the United States Courts, dated November 22, 1994, the appropriate citation form for a local bankruptcy rule, using the uniform numbers, is "LBR." For example, this rule would be cited as "LBR 1001-1." In a brief or other document in which the district prescribing the rule must be identified, this rule would be cited as "S.D.N.Y. LBR 1001-1."

Except with respect to cases under the Bankruptcy Act, these Local Bankruptcy Rules supersede the Former Local Bankruptcy Rules.

From time to time, the Court may issue standing orders to supplement these Local Bankruptcy Rules, copies of which may be obtained from the Clerk and are available on the Court's website at http://www.nysb.uscourts.gov

Capitalized terms used in these Local Bankruptcy Rules are defined in Local Bankruptcy Rule 9001-1.

In 2017, a number of grammatical and conforming amendments were made generally to these rules. Among other items, consistency in the use of “must”, “shall” and “may” was employed, numbering conventions were employed consistently, references to amendments and repeal of rules was updated and made consistent, and certain other grammatical changes were implemented.